| People v Johnson |
| 2011 NY Slip Op 05247 [85 AD3d 889] |
| June 14, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v KevinT. Johnson, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J.Dennehy of counsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Murphy, J.),dated July 6, 2009, which, after a hearing, designated him a level two sex offender pursuant toCorrection Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the defendant's contention, in determining his risk level under the Sex OffenderRegistration Act (Correction Law art 6-C) (hereinafter SORA), the Supreme Court properlyassessed 10 points against him under risk factor 12 for failure to accept responsibility for hiscriminal conduct. Although the defendant formally admitted his guilt at a plea proceeding, andparticipated in a sex offender treatment program, the People established that the defendant wrotea letter to the Board of Examiners of Sex Offenders prior to the SORA hearing, in which hedenied his guilt of the present offense. Accordingly, the People proved by clear and convincingevidence the defendant's failure to genuinely accept responsibility for his conduct, "as required bythe risk assessment guidelines" (Peoplev Vega, 79 AD3d 718, 719 [2010] [internal quotation marks omitted]; see People vMitchell, 300 AD2d 377, 378 [2002]; see also People v Teagle, 64 AD3d 549, 550 [2009]).
The defendant's contention that he was entitled to a downward departure from hispresumptive level two risk assessment is without merit (see People v Sivells, 83 AD3d 1027 [2011]; People v Bussie, 83 AD3d 920[2011]).
The defendant's remaining contention is without merit. Skelos, J.P., Covello, Balkin andAustin, JJ., concur.